How Do I Find The Owner of Property I Damaged?


Shafi'i Fiqh

Answered by Ustadh Farid Dingle

Question

I accidentally scratched someone else’s car and have been unable to find the owner. What reasonable steps should I take?

Answer

Thank you for your very important question.

You should try your utmost to find the owner of the car, without going to extremes.

Checking the cctv from the shop that it was in, and using whatever legal access you have to authorities would be reasonable.

Quitting your job and searching for them would be extreme.

After that, you would still remain financially responsible for damages, but one should trust in Allah and rest assure that as long as you tried your best, Allah will not punish you.

Fuller answer:

Practical measures

If you accidentally scratch someone else’s car, you should leave a note on their car, as you mentioned. If you don’t, you should try your utmost to find them, without going to extremes.

Checking the cctv from the shop that it was in, and using whatever legal access you have to authorities would be reasonable.

Accountability

After you have taken the above measures, you still remain responsible for damages on the Day of Judgment.

You scenario is the same as someone who dies with debts unpaid. ‘Allah will forgive a martyr every sin, but not debt.’ (Muslim)

Rights due to others that are not fulfilled are taken as good deaths on Day of Judgment. (Muslim)

You should try your best to fullfil your financial obligations in this life. If after trying you best, you are unable and good idea is to give charity for their sake, as you did.

It should be hoped that Allah will multiply your good deeds many times such that you will be able to pay off those you owe financial (or other) rights to.

Relaxing in Allah’s care

Once you have taken all the means mentioned, you should trust in Allah and have faith that Allah will not punish you after having had tried your best.

The Prophet (Allah bless him and give him peace) said, ‘Whoever takes/borrows money from people genuinely intending to pay them back, Allah will pay them back for him.’ (Bukhari) This doesn’t mean that one gets off Scott free, but it means that Allah will see fairness is done on Judgment take, by giving the creditor/owner of the car some of one’s extra good deeds for example, and one will not be punished for a genuine accident.

Signs of going to extremes

One sign of going to extremes and becoming OCD about matters of religion is that you do things that you wouldn’t advise others to do if they were in your shoes. Try and imagine that friend did the same thing. What reasonable measures would you advise him to do? Now try and apply those same measures to yourself.

Another sign if that one you have taken every reasonable measure, you still fear the sin,filth, or debt itself, and not Allah. At the end of the day, we are dealing directly with Allah: filth, debt, or conflict are just the scenes in which we are supposed to act out our servitude towards Allah. Remember, ‘Allah is the greatest’, not the debt.

When we turn our problems to Allah, we escape from paranoia and depression. When we turn to the problems themselves, they become unsurmountable, and hopelessness and depression ensue.

Conclusion

I think you have taken all the reasonable means possible. You should just relax and focus on your other obligations now.

I pray this helps.

[Ustadh] Farid
Checked and Approved by Shaykh Faraz Rabbani

Ustadh Farid Dingle has completed extensive years of study in the sciences of the Arabic language and the various Islamic Sciences. During his studies, he also earned a CIFE Certificate in Islamic Finance. Over the years, he has developed a masterful ability to craft lessons that help non-Arabic speakers gain a deep understanding of the language. He currently teaches courses in the Arabic Language.